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Published: 04:38 BST, 10 April 2018 | Updated: 11:42 BST, 10 April 2018
Adult entertainer 'Nikki Benz,' whose legal name is Alla Montchak, has filed a lawsuit seeking more than $5 million in damages for alleged sexual assault and battery against MindGeek, the parent company of adult film studio Brazzers.
Benz' lawsuit claims she endured sexual assault while on a film set at the hands of former co-star Ramon Nomar and director Tony T, during an unscripted scene directed by Tony T in a December 2016 film shoot.
Tony T and Nomar are also named in the performer's complaint, TMZ reported on Monday.
Both Tony T and Nomar filed a joint lawsuit against Benz for defamation in 2017, claiming statements she made over social media regarding the incident to be false.
A Los Angeles Superior Court judge ruled at least Tony T's claim could move forward, but that case is stalled for now as Benz has appealed that ruling.
Adult entertainer 'Nikki Benz' has filed a lawsuit seeking damages for alleged sexual assault and battery against MindGeek, the parent company of adult film studio Brazzers, director Tony T and former co-star Ramon Nomar
Benz' claim includes graphic details not previously revealed about what she allegedly experienced on set with Tony T and Nomar in December 2016.
The complaint filed by the 2016 AVN Hall of Fame inductee details being struck so hard in the face, head and breasts that she bled during the taping.
She also described something akin to waterboarding, saying she was gagged with her undergarments, after which 'water was poured down her throat causing her to choke.'
She also claimed she had to retract a statement on camera at the time that she would not work with Tony T again, after he allegedly threatened to withhold her payment for the shoot.
Tony T (right) and Ramon Nomar (left) filed a joint lawsuit against Benz for defamation in 2017, claiming statements she made in 2016 regarding the alleged sexual assault to be false
Benz is seen here attending the 2018 Adult Video News Awards at the Hard Rock Hotel & Casino on January 27 in Las Vegas
'I guess rape scenes are in now huh?' she wrote on December 19, 2016.
Benz's attorney, Daniel Gilleon told Adult Video News (AVN) that his client is seeking money damages in excess of $5,000,000 for the alleged sexual assault and battery.
At the time the alleged incident took place, Benz tweeted about how she did not consent to its filming.
'I guess rape scenes are in now huh?' she wrote on December 19, 2016.
'On set bullying, rape, & violence should never happen. #NoMeansNo on camera, off camera. Just NO!' she added on December 20, 2016, in a post that is currently pinned to the top of her Twitter profile page.
'The director himself put his hands on me and was choking me,' Benz said in another tweet, in response to a fan. 'Never in a million years did I think Brazzers would allow it.'
'On set bullying, rape, & violence should never happen. #NoMeansNo on camera, off camera. Just NO!' Benz tweeted on December 20, 2016
Benz and Nomar are pictured here separately on the red carpet, having both attended the 2015 AVN Awards in Las Vegas
'The director himself put his hands on me and was choking me,' Benz said in another tweet, in response to a fan. 'Never in a million years did I think Brazzers would allow it'
Brazzers studio took note of her tweets, and responded with a statement on its safe-for-work website, Trendzz , on the same day.
'We have become aware of a controversy surrounding a recent shoot involving Nikki Benz. As most of you already know, we do not produce content ourselves but commission producers to do so on our behalf. We understand that this particular scene was an unscripted scene with the artistic direction left open to the producer’s discretion,' the statement read.
'Brazzers does not condone nor does it tolerate conduct by producers that would jeopardize a performer’s security or well-being. Given the allegations surrounding the production of this scene, Brazzers will thoroughly investigate its production, and, if necessary will take steps that are reasonably calculated to prevent the alleged behaviour from occurring.'
Benz, however, was not satisfied by that, calling Brazzers out for hiring Tony T in the first place, and sharing a tweet that she included what she said was a screenshot of a conversation between friends of hers about the alleged assault she suffered, one of which was allegedly on set during the shoot.
One excerpt from the screenshot read, 'Nikki kept yelling cut and they kept going.'
Brazzers then updated its statement on the same page, on December 22, 2016.
'It appears that some of the alleged conduct could have occurred, and we took immediate measure to sever our relationship with the producer in question. Not only have we terminated all existing professional engagements with the producer, but any possibility for any future endeavors with this producer have also been quashed,' the company wrote.
'We have also refused to purchase the scene in question as it stands in direct contrast with our mandate to ensure that performers’ consent, boundaries and limits are respected. It is our commitment that this offensive scene will never find itself listed as a Brazzers property.'
Benz (left) is seen here with comedian and actor Doug Benson (center) and adult film actor Nicolette Shea (right) presenting an award during the 2018 Adult Video News Awards at The Joint inside the Hard Rock Hotel & Casino on January 27 in Las Vegas
Benz posted a tweet on December 20, 2016 that included what she said was a screenshot of a conversation between friends of hers about the alleged assault she suffered, one of which was allegedly on set during the shoot
What was claimed to be raw footage of the shoot was screened at the headquarters of XBiz by Karen Tynan, an attorney for Tony T and Nomar, on January 11, 2017, according to a post by the adult entertainment industry news site.
The article published by XBiz described the footage that was screened.
'The 45-minute, all-anal BDSM scene is at the heart of Benz’s contention that she was allegedly raped and sexually assaulted during the filming of it,' it read.
'The footage starts with standard model questions and moves on to the hardcore sex, with Nomar and, later, Benz in face masks.
'Following the scene, each were asked if they were there of their own volition, whether they had fun, and whether they would do it again.
'Initially Benz indicated "no" to whether she would do it again. But in a second take, she changed her answer to "yes."'
The next day, on January 12, 2017, Tony T and Nomar filed their defamation claim against Benz, which stated, as reported then by The Wrap :
'[On December 20, 2017, Benz], began publishing extensive media feeds alleging that she had been raped and sexually assaulted during the filming on the previous day, accusing Plaintiffs Tony T and Ramon Nomar as the perpetrators of those acts against her.'
'All of the statements about the conduct and activities of Plaintiffs were false in that Defendant Nikki Benz [was not] assaulted nor raped during the shooting of the video.'
DailyMail.com could not immediately reach representatives from MindGeek, Brazzers, Tony T or Nomar for additional comment.
Benz, who was named Penthouse Pet of the year in 2010, is seen here at her birthday party at Sky Room on December 16, 2010 in New York City
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Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday & Metro Media Group

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